Beneficiaries Rights

Basically beneficiaries have no rights at all until the executor/s or administrator/s have finalised the administration of the estate ready for distribution. During the administration process the assets of the deceased are “vested” in the administrator personally. That means the administrator has ownership of the assets of the estate personally. Beneficiaries have no say in the administration.

However the beneficiaries can, at the end of the administration, request the administrator/s for a complete accounting of the administration and if refused seek court orders for the filing of accounts. During that process the beneficiaries have the opportunity to fully investigate/review the administration and if disputes arise may make an application to the court for redress.

Also… if during the administration process the administrator is guilty of fraud, gross negligence, dishonesty in his or her dealings or favouring himself or herself ahead of other beneficiaries not provided for in the Will… you may make an application to the court for orders preventing the administrator continuing the administration and in extreme circumstances seek a revocation of the grant of administration.

Beneficiaries are also entitled to ask the court to consider the amount of commission (if any) an executor/s and/or administrator/s are entitled to receive. Commission is only payable to with the consent of beneficiaries or court order.